Domestic violence involves assault or battery against a family member, intimate partner, or household member. Domestic violence is a severe crime that may result in imprisonment, fines, and limited access to one’s home and children. To avoid irreparable injury to your image and a criminal record, it is crucial to treat allegations of domestic abuse seriously.
This article provides a summary of domestic violence. Because each state has its own set of criminal laws, the article suggests seeing a domestic violence Brisbane Family Lawyers in your area for the right guidance about your specific situation.
What Qualifies as Domestic Violence?
Domestic violence may entail the abuse of a close intimate connection partner. Depending on the laws of each state, domestic violence often includes a family or household member and may include the following:
- Former husband or spouse
- In-laws living in the same home
Couples who share a shared child
Violence between intimate partners is handled differently than violence between strangers. Domestic violence penalties may reduce the likelihood of repeat crimes or future harm. Domestic violence charges may include a variety of actions, including:
- Physical violence
- Criminal violence threatens
- Sexual abuse
- Verbal or psychological violence
- Financial abuse
Stalking and cyberstalking
Domestic abuse offences may be prosecuted as either misdemeanors or felonies. The gap between a misdemeanour and felony sanctions might be substantial. A misdemeanour intimate partner abuse charge may result in up to a year in prison but may end on probation. Criminal charges may result in more than a year in jail or prison and a permanent felony record that can restrict your rights and future chances. If criminal defence attorneys can bargain, domestic violence charges might be reduced from a felony to a misdemeanour.
Misdemeanour Penalties for a Conviction of Domestic Violence
Most offenses have a maximum prison sentence of one year. The maximum prison penalty for domestic violence offences is typically one year. However, the punishment may be substantially lower. If there are mitigating circumstances, a court may sentence a first-time offender to 30 to 60 days in prison. Among the mitigating circumstances that may lower the length of time, you spend in prison for domestic violence allegations are the following:
- Victims of alleged abuse have also become violent
- Displaying regret and a desire to seek assistance
Absence of past criminal convictions
Depending on the circumstances, certain convictions for domestic violence may result in probation rather than prison time if the offender complies with the requirements of probation. Your criminal defense attorney may be able to negotiate as part of a domestic violence plea bargain:
- Lesser charges
- Probation instead of prison time
- Eliminating associated fees
Length of Sentence for Domestic Violence As a Felony
In general, felony charges are more severe than misdemeanor ones. Domestic abuse convictions may result in sentences of more than one year in state prison. A felony conviction may result in a jail term of 10 years or more, depending on the circumstances. The number of years a person may spend in prison for assault depends on several criteria. Among the variables that might affect a prison sentence after a domestic attack are the following:
- Significant bodily harm
- Physical harm to young children
- Sexual assault
- Infringement of a restraining order
- Prior felony record for domestic violence
- Resisting arrest or escaping law enforcement are crimes.
- Employing a firearm
- Additional criminal charges
Whether you are sentenced to prison for domestic abuse is independent of whether the alleged victim chooses to seek charges. Even if the claimed victim chooses not to pursue charges or refuses to assist authorities, the Domestic Violence Lawyer may nonetheless bring the case to court and request the maximum prison sentence.